The draft law “On Amending the Federal Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs When Conducting State Control (Supervision) and Municipal Control” and Article 19 of the Federal Law “On Licensing Certain Types of Activities” intends to implement a risk-oriented approach in the field of licensing control. This will increase the effectiveness of planned inspections.
The highest executive bodies of state power of the constituent entities of the Russian Federation will be devolved the powers to define the types of regional state control to which a risk-oriented approach is applied. Regions will also be able to define the criteria to classify the controlled subjects by risk categories and hazard classes. The powers will become effective if there is no similar regulation in federal laws and government regulations.
The draft law gives the right to the Government of the Russian Federation to determine general requirements to the criteria for classifying the controlled subjects by risk categories.
The document also clarifies that the warning not to violate mandatory requirements cannot contain requirements for legal entities or individual entrepreneurs to provide information or documents.
In order to expand the possibilities for applying control measures that are carried out without interaction with legal entities and individual entrepreneurs, it is proposed to expand the possibilities for a control and supervisory body to obtain information on the activities or actions of a legal entity or an individual entrepreneur without imposing on them obligations not provided for by law.
In addition, in order to set the guarantees for the rights of controlled subjects when conducting planned inspections, it is proposed to legislatively define that such a control measure cannot be conducted with respect to a specific legal entity or individual entrepreneur and should not be a substitute for an inspection.